Chautauqua County Envtl. Defense Council v. Adams

The court vacates a preliminary injunction against construction of an interstate highway bridge over Lake Chautauqua after determining that defendants have fulfilled the requirements of the National Environmental Policy Act (NEPA) and § 4(f) of the Department of Transportation Act of 1966. Although federal and state highway agencies completed an environmental impact statement (EIS) on the entire highway corridor after the preliminary injunction was issued, the court limits the scope of its review solely to the proposed bridge. Plaintiff objected to the motion to vacate the preliminary injunction on the ground that defendants violated NEPA by failing to review certain essential information regarding the highway's financial status prior to approving construction of the bridge. The court, however, finds within the administrative record sufficient documentation of the agencies' awareness of the financial problems facing the project to preclude a finding that defendants acted without knowledge of such information. Plaintiff further charged that defendants inadequately dealt with unfavorable comments from other federal agencies reviewing the draft EIS on the environmental consequences of the bridge construction. The court rejects this claim, concluding that these agency objections were resolved in the final EIS and that no further objections exist that would require consideration by the Secretary of Transportation. Finally, the court finds that defendants have complied with § 4(f) because there is substantial evidence indicating that no feasible and prudent alternative exists to construction of the proposed bridge over the lake. Because defendants have met the requirements of NEPA and § 4(f), the preliminary injunction is vacated.